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The Evolution and Impact of the Commission on the Status of Women - Prof. Wangdu, Summaries of Labour Law

A comprehensive history of the commission on the status of women, established in 1946 by the united nations. The document details the commission's role in promoting women's rights and equality, its achievements in drafting international laws such as the convention on the political rights of women and the universal declaration of human rights, and its focus on various issues affecting women throughout the decades. The document also highlights the commission's impact on mainstreaming women's issues and its role in shaping global policies on gender equality.

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Short History of the Commission on the Status of Women1
1946: Birth of the Commission on Status of Women
United Nations commitments to the advancement of women began with the signing of the
UN Charter in San Francisco in 1945. Of the 160 signatories, only four were women -
Minerva Bernardino (Dominican Republic), Virginia Gildersleeve (United States), Bertha
Lutz (Brazil) and Wu Yi-Fang (China) but they succeeded in inscribing women’s rights
in the founding document of the United Nations, which reaffirms in its preamble faith in
fundamental human rights, in the dignity of the human person, in the equal rights of men
and women and of Nations large and small”.
During the inaugural meetings of the UN General Assembly in London in February 1946,
Eleanor Roosevelt, a United States delegate, read an open letter addressed to “the women
of the world:
“To this end, we call on the Governments of the world to encourage women
everywhere to take a more active part in national and international affairs, and
on women who are conscious of their opportunities to come forward and share in
the work of peace and reconstruction as they did in war and resistance.”
A few days later, a Sub-commission dedicated to the Status of Women was established
under the Commission on Human Rights. Many women delegates and representatives of
non-governmental organizations believed nevertheless that a separate body specifically
dedicated to women’s issues was necessary. The first Chairperson of the Sub-
Commission, Bodil Begtrup (Denmark), also requested the Economic and Social Council
(ECOSOC) in May 1946 for a change to full commission status:
“Women’s problems have now for the first time in history to be studied
internationally as such and to be given the social importance they ought to have.
And it would be, in the opinion of this Sub-Commission of experts in this field, a
1 This background note is based on the United Nations Blue Book Series on The United Nations and the
Advancement of Women, 1945-1996 and the United Nations CD-Rom Women Go Global, 2000.
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Short History of the Commission on the Status of Women^1

1946: Birth of the Commission on Status of Women

United Nations commitments to the advancement of women began with the signing of the UN Charter in San Francisco in 1945. Of the 160 signatories, only four were women - Minerva Bernardino (Dominican Republic), Virginia Gildersleeve (United States), Bertha Lutz (Brazil) and Wu Yi-Fang (China) – but they succeeded in inscribing women’s rights in the founding document of the United Nations, which reaffirms in its preamble “faith in fundamental human rights, in the dignity of the human person, in the equal rights of men and women and of Nations large and small”.

During the inaugural meetings of the UN General Assembly in London in February 1946, Eleanor Roosevelt, a United States delegate, read an open letter addressed to “the women of the world ”: “To this end, we call on the Governments of the world to encourage women everywhere to take a more active part in national and international affairs, and on women who are conscious of their opportunities to come forward and share in the work of peace and reconstruction as they did in war and resistance.”

A few days later, a Sub-commission dedicated to the Status of Women was established under the Commission on Human Rights. Many women delegates and representatives of non-governmental organizations believed nevertheless that a separate body specifically dedicated to women’s issues was necessary. The first Chairperson of the Sub- Commission, Bodil Begtrup (Denmark), also requested the Economic and Social Council (ECOSOC) in May 1946 for a change to full commission status: “Women’s problems have now for the first time in history to be studied internationally as such and to be given the social importance they ought to have. And it would be, in the opinion of this Sub-Commission of experts in this field, a

(^1) This background note is based on the United Nations Blue Book Series on The United Nations and the Advancement of Women, 1945-1996 and the United Nations CD-Rom Women Go Global , 2000.

tragedy to spoil this unique opportunity by confusing the wish and the facts. Some situations can be changed by laws, education, and public opinion, and the time seems to have come for happy changes in conditions of women all over the world (…)”^2

On 21 June 1946, the Sub-Commission formally became the Commission on the Status of Women (CSW), a full- fledged Commission dedicated to ensur ing women’s equality and to promoting women’s rights. Its mandate was to “prepare recommendations and reports to the Economic and Social Council on promoting women's rights in political, economic, civil, social and educational fields” and to make recommendations “on urgent problems requiring immediate attention in the field of women’s rights.”^3 Shortly thereafter, the Section on the Status of Women of the United Nations Secretariat—which would become the Division for the Advancement of Women in 1978—was established in the Human Right’s Division of the United Nations to provide secretariat functions.

1947-1962: Securing the Legal Foundations of Gender Equality

First session: The Commission meets at Lake Success The Commission on the Status of Women first met at Lake Success, New York, in February 1947. At that session, all of the 15 government representatives were women – giving the Commission the unique character it was going to maintain throughout its history by gathering a majority of women delegates.

From its inception, the Commission also forged a close relationship with non- governmental organizations. Several international women’s organizations addressed the Commission at the first session, and from then on, non- governmental organizations in consultative status with ECOSOC were invited to participate as observers. In the 1950’s, the average number of NGOs attending the Commission’s sessions rose to 30-50. The openness of the Commission to civil society has continued up to the present time, and has

(^2) E/PV.4, 28 May 1946. (^3) ECOSOC Resolution establishing the Commission on the Status of Women. E/RES/2/11, 21 June 1946.

Drafting the Universal Declaration of Human Rights During its first meeting, Commission members affirmed that the Commission should have a voice in upcoming discussions on the Universal Declaration of Human Rights. Contributing to the drafting of the international bill of rights became one of the first tasks of the Commission. In revising the articles sent to them for comments, Commission members inserted gender-sensitive language—arguing against references to “men” as a synonym for humanity and phrases like “men are brothers.”^6 They encountered resistance from members of the Commission on Human Rights, but succeeded in introducing new, more inclusive language 7 —a truly ground-breaking achievement when put in a historical perspective.

The Commission focuses on women’s rights During the period 1946-1962, the Commission focused its attention on promoting women's rights and equality by setting standards and formulating international conventions aiming at changing discriminatory legislation and fostering global awareness of women’s issues. However, the codification of the legal rights of women needed to be supported by data and analysis of the extent to which discrimination against women existed, not only in law but also in practice. The Commission thus embarked on a vast research and polling effort to assess the status of women worldwide.^8 Several questionnaires and studies were launched in order to collect information on the legal status of women, their access to education, their work opportunities and their civil rights. Member States provided the Commission with statistics, while non-governmental organizations (NGOs) and other UN agencies provided additional information, especially of a more qualitative nature. These fact- finding efforts produced a detailed, country-by- country picture of the political and legal status of women, which over time became the basis for drafting human right instruments.^9

(^6) The United Nations and the Advancement of Women , op.cit. , p. 16. (^7) Devaki JAIN. Women, Development and the UN : A Sixty-year Quest for Equality and Justice, Bloomington, Indiana Press University, 2005, p. 19-20. 8 9 The United Nations and the Advancement of Women ,^ op.cit. , p. 4. Ibid. , p. 4.

Providing women universal access to political rights The Commission made women’s political rights a high priority in the early years of its work. In 1945, only 25 of the original 51 United Nations Member States allowed women equal voting rights with men. In his 1950 report to the Commission on discrimination against women in the field of political rights, the Secretary General noted that in 22 countries women still did not have equal rights to vote or hold political office, and that in some countries where women held such rights, these were not put into practice.^10 After an extensive debate, the Convention on the Political Rights of Women, drafted by the Commission, was adopted by the General Assembly on 20 December 1952.^11 It was the first international law instrument to recognize and protect the political rights of women everywhere by spelling out that women, on an equal basis with men, were entitled to vote in any election, run for election to any office, and hold any public office or exercise any public functio n under national law.

Removing discrimination in marriage Throughout the 1950’s the Commission turned its attention on the issue of discrimination in marriage. UN reports revealed that discrimination against women was frequently due to differences between national laws on family residence, marriage and divorce. The Commission embraced this problem by drafting the Convention on the Nationality of Married Women (adopted on 29 January 1957),^12 followed by the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (adopted on 7 November 1962),^13 and the Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (adopted on 1 November 1965).^14 Together these measures represent the first international agreements on women’s rights in relation to marriage that were adopted by the UN.

Other areas of the Commission’s work

(^10) E/CN.6/131, 15 March 1950. (^11) General Assembly resolution 640(VII). (^12) General Assembly resolution 1040 (XI). (^13) General Assembly resolution 1763 A (XVII). (^14) General Assembly resolution 2018 (XX).

As evidence began to accumulate in the 1960s that women were disproportionately affected by poverty, the work of the Commission centered on women’s needs in community and rural development, agricultural work, family planning and the impact of scientific and technological advances.^18 The Commission encouraged the UN to expand its technical assistance to further the advancement of women, especially in developing countries.^19 In the wake of Ester Boserup’s influential study Women’s Role in Economic Development (1970), and the interest for economic issues it encouraged throughout the feminist movement, the Commission brought greater attention to the question of women’s economic participation, and cultural and social factors affecting women’s participation in development.^20 In 1968, long-term Commission member Helvi Sipilä, a representative from Finland, was nominated as special rapporteur for the Status of Women and Family Planning Project and in this capacity launched numerous studies on the subject.^21 The Commission also appointed a Special Rapporteur to report on ways to eliminate stereotypes in the mass media portrayal and coverage of women and girl child issues.

Declaration on the Elimination of Discrimination against Women In an effort to consolidate standards on women’s rights that had been developed since 1945, the General Assembly requested the Commission in 1963 to draft a Declaration on the Elimination of Discrimination against Women. 22 The Assembly noted that, while there had been measurable progress in achieving equal rights, “in various fields there still remains, in fact if not in law, considerable discrimination against women.”^23 The drafting process was supported from the beginning by women’s rights activists working both within and outside the UN system. Drafting of the declaration by a committee, selected from within the Commission, began in 1965. On 7 November 1967, the Declaration on

(^18) Ibid. , p. 27. (^19) See E/RES/884 E, 16 July 1962, and A/RES/17777, 7 December 1962. (^20) Devaki JAIN. Women, Development and the UN, op.cit. , p. 52. (^21) Ibid. , p. 60. (^22) The United Nations and the Advancement of Women , op.cit. , p. 29. (^23) A/RES/1921 (XVIII).

the Elimination of Discrimination against Women was ultimately adopted by the General Assembly.^24

While the Declaration was an important step in securing the legal foundation of women’s equality, its impact on the ground was more limited: the reporting procedures for the Declaration’s implementation were voluntary, and the level of response from Governments was low. The need for a legally binding Convention that defined women’s rights—the Convention for the Elimination of All Forms of Discrimination against Women, which was to be ultimately adopted in 1979—largely grew out of the perception that attempts to implement the Declaration had been limited.^25

1975: the International Women’s Year In 1972, to mark its 25th Anniversary, the Commission recommended that 1975 be designated International Women's Year^26 —an idea introduced by Romania on behalf of the Women’s International Democratic Federation. Its observance was intended to remind the international community that discrimination against women, entrenched in law and deeply rooted cultural beliefs, was a persistent problem in much of the world. It would also encourage Governments, NGOs and individuals to increase their efforts to promote equality between men and women and to enhance their recognition of women’s contributions to development. The General Assembly endorsed the Commission’s recommendation on International Women’s Year and added a third theme to those of equality and development proposed by the Commission—the recognition of women’s increasing contribution to the strengthening of world peace—thereby setting a three-tier agenda for the advancement of women. 27

First World Conference during the International Women’s Year The Commission on the Status of Women called for the organization of an international conference to coincide with the International Women’s Year, a request approved by the

(^24) A/RES/2263 (XXII). (^25) The United Nations and the Advancement of Women , op.cit. , p. 30. (^26) Ibid. , p. 33. (^27) A/RES/3010, 18 December 1972.

prepared by working groups within the Commission during 1976. Extensive deliberations continued from 1977 to 1979, through a working group of the Third Committee^32 of the General Assembly.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was finally adopted by the General Assembly in 1979 by a vote of 130 Member States, with 10 abstentions. It entered into force on 3 September 1981, just 30 days after the twentieth state had ratified it — faster than any previous human rights convention.

The Convention was the first international instrument to define discrimination against women, as follows: “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”. (art. 1)

The 30 articles brought together in a comprehensive and legally binding form, internationally accepted principles on the rights of women. It committed Governments to take: “all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on the basis of equality with men”. (art. 3)

This international women’s bills of rights—as it is often described—has also proven throughout its 25 years of existence to be a living instrument. Thanks to the “general recommendations” issued by its expert Committee, the Convention has been able to incorporate new themes and issues of concern, such as violence against women, HIV/AIDS or disabled women.^33

(^32) The Third Committee considers social, humanitarian and cultural issues. (^33) CEDAW General recommendations n°12, 15 and 18.

Second World Conference during the United Nations Decade for Women In July 1980, 145 Member States gathered for the mid-decade World Conference of the United Nations Decade for Women organized in Copenhagen. In addition to reaffirming the importance of the CEDAW, the conference had the objective to review progress in implementing the goals of the World Conference of the International Women's Year and to update its Plan of Action. It focused on three areas of urgent concern for women: employment, health and education. 34 These issues came to the forefront, based on the mutual understanding that the broad goals of equality, development and peace enumerated at the World Conference of the International Women's Year could not be achieved unless they were refined into sector-specific, highly focused objectives for women. 35 The 1980 Programme of Action called for stronger national measures to ensure women’s ownership and control of property, as well as improvements in women’s rights to inheritance, child custody and loss of nationality. Over 8,000 participants from 187 countries attended the NGO Forum to discuss the major themes of the conference and network actively.

Strengthening the Commission on the Status of Women Through the Decade for Women, United Nations efforts to advance the status of women expanded and increasingly mainstreamed other development programmes.^36 By 1980, the Commission was no longer the only entity working on women’s issues in the UN. The reporting and implementation mechanisms established for the Decade had been diffused throughout the UN regional commissions, specialized agencies and funds. New organizations dedicated to wome n had been established, such as the United Nations Fund for Women (UNIFEM) and the International Research and Training Institute for the Advancement of Women (INSTRAW).^37

(^34) A/RES/33/185, 29 January 1979. (^35) The United Nations and the Advancement of Women , op.cit. , p. 44. (^36) Ibid. , p. 53. (^37) In 1975, the General Assembly recommended the creation of the International Research and Training Institute for the Advancement of Women (INSTRAW). In 1984, the General Assembly transformed the Voluntary Fund for the United Nations Decade of the United Nations Development Programme into a permanent, autonomous body: the United Nations Development Fund for Women (UNIFEM).

By the end of two weeks of complex negotiations, Governments agreed to adopt by consensus the 372-paragraph Nairobi Forward-looking Strategies for the Advancement of Women—a blueprint for the future of women to the end of the century, which outlined a series of measures for implementing gender equality at the national level and for promoting women’s participation in peace efforts.^41

1986-1995: Putting Women on the Global Agenda

In 1987, the Commission began to meet annually instead of biennially. It took the lead in coordinating and promoting the UN system’s work on economic and social issues for women’s empowerment when the General Assembly mandated it to monitor the global implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women.^42 As a result, the Commission’s efforts shifted to promote women’s equality as a cross-cutting theme in economic development, human rights, political, cultural as well as social policy issues. Its approach was now to deal with women’s issues as part of the mainstream rather than as a separate issue.^43

Exposing violence against women as a public matter In the late 1980s and early 1990s, the Commission, the CEDAW Committee and eventua lly the Commission on Human Rights brought the issue of violence against women—which so far had been considered as a private matter, rather than as a public or a human rights issue requiring government or international action—to the forefront of the international agenda. This was encouraged by an active NGO movement that saw this issue as a major organizing tool for the women’s movement. The Commission undertook the drafting of the Declaration for the Elimination of Violence against Women in the early 1990s.

(^41) A/CONF.116/28/Rev.1, 1986. (^42) E/RES/1987/24, 26 May 1987. (^43) The United Nations and the Advancement of Women , op.cit. , p. 52.

The Declaration for the Elimination of Violence against Women was adopted by the General Assembly on 20 December 1993. During this period, the Commission and the CEDAW Committee started examining the possibility of introducing the right of petition through the preparation of an Optional Protocol to CEDAW.

In March 1994, a Special Rapporteur on violence against women, its causes and consequences was appointed, with a mandate to investigate and report on all aspects of violence against women. The rapporteur is an independent expert reporting to the Commission on Human Rights, and liaising with the Commission, the CEDAW Committee and other relevant UN bodies. The Special Rapporteur contributed to reinforcing the links between the Commission on the Status of Women and the Commission on Human Rights.

The 1990s international development conferences During the 1990s, a series of global conferences and summit meetings on critical aspects of development was held as part of an UN-led drive to establish an integrated global agenda for development. Of particular interest to gender equality and the empowerment of women were the 1992 Conference on Environment and Development (Rio de Janeiro), the 1993 World Conference on Human Rights (Vienna ), the 1994 International Conference on Population and Development (Cairo), the 1995 Social Development Summit, the 1996 Habitat II Conference on Human Settlements and the 1996 World Food Summit. With pressure from women’s groups, these conferences and summits of the 1990s further raised awareness around the world and placed gender equality issues at the centre of international discourse on policy- making related to environment, population, reproductive health, human rights, food security, social development and human settlements.

1995: The Fourth World Conference on Women, Beijing One of the greatest achievements of the Commission on the Status of Women was the 1995 Fourth World Conference on Women, held in Beijing in 1995, which significantly advanced the global agenda for women’s human rights and gender equality. The

programmes of work for the Commission were decided for 1997-2001 and 2002-2006,^45 under which the Commission reviewed each of the 12 critical areas of concern, making recommendations on concrete measures to accelerate the implementation of the Platform for Action.

In order to monitor the implementation of the Platform for Action more effectively, the Commission also enhanced its own methods of work. In 1997, it agreed to adopt negotiated conclusions on its thematic areas of focus. This method allowed more time for substantive and interactive debates on the area of concern under consideration. Since 1996, experts are invited to participate in the substantive panels on the implementation of the 12 critical areas of concern. The results of these dialogues are reflected in action- oriented agreed conclusions prepared by the Commission’s delegates, and are then put forward for adoption as resolutions of the Economic and Social Council. From the Commission’s fortieth to forty-eighth sessions, a total of 24 panel discussions were convened. The Division for the Advancement of Women has organized Expert Group Meetings prior to the Commission’s sessions on the themes under consideration, thus helping the Commission gather views from around the world by consulting experts from academia and civil society.

The Bureau of the Commission has also been called upon to carry out its work at inter- sessional meetings and consultations on issues and procedures concerning the Commission. At its forty-sixth session, the Commission decided to increase opportunities for sharing national practices on emerging issues by introducing high- level round tables.^46 Since 2003, the Commission has organized roundtables for high- level representatives attending the annual sessions, such as Ministers and State Secretaries. These roundtables have provided a unique forum for high- level exchange of experiences and good practices and have focused on institutional capacity-building, statistics, national mechanisms for the advancement of women and incorporating gender perspectives into national development strategies.

(^45) ECOSOC Resolution 2001/4. (^46) E/CN.6/2005/

Review and appraisal of the Beijing Platform for Action: “Beijing +5” The General Assembly, on the recommendation of the Commission on the Status of Women, decided to hold a twenty-third special session in 2000 to conduct a five- year review and appraisal of the implementation of the Beijing Platform for Action, and considering future actions and initiatives.

The Commission on the Status of Women, acting as the Preparatory Commissio n, negotiated a draft political declaration and outcome document for adoption at the special session. The UN regional commissions convened regional preparatory meetings to ensure a regional perspective on implementation and further actions and initiatives.

The special session, “Women 2000: Gender Equality, Development, and Peace for the Twenty- first Century”, took place in New York at UN Headquarters from 5 to 9 June

  1. Member States reached consensus on a Political Declaration and on further actions and initiatives to implement the Beijing Declaration and Platform for Action (i.e. the “outcome document ”). Approximately 5,000 persons participated in the event, including 2,300 representatives of governments, and over 2,000 persons representing 1,036 non- governmental organizations. The NGO Committee and the New York Host Committee organized numerous panels and other events at the UN (over 60 panels and workshops) and in New York City on the critical areas of concern. It was the largest special session of the General Assembly ever held at the UN headquarters in New York.

The Commission's work now focuses on the implementation of both the Platform for Action and the outcome of the twenty-third special session of the General Assembly. In 2005, a ten-year review and appraisal of the Beijing Platform was organized in the framework of the 49th^ session of the Commission. The session gathered over 1, government representatives, 2,720 NGO representatives, and hundreds of participants from UN agencies.

on UN member States to support the elaboration of the Optional Protocol, the Commission established an open-ended working group on the Optional Protocol in 1996, which discussed drafts over a period of four years. In a landmark decision for women, the General Assembly, acting without a vote, adopted on 6 October 1999 a 21-article Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women to receive and consider complaints from individuals or groups within its jurisdiction. The Optional Protocol entered into force on 22 December 2000, following the ratification of the tenth State party to the Convention. 48

Gender Mainstreaming Since 1995, the Commission on the Status of Women has also developed its catalytic role in support of gender mainstreaming. The schedule for consideration by the Commission of the 12 critical areas of concern of the Platform for Action took into account follow-up reviews of other international development conferences, which increased the potential for gender mainstreaming in these processes. The Commission has also made available the outcome of its work to other functional commissions—such as the Commission on Sustainable Development in 1997 and the Commission on Human Rights in 1998. For the World Summit on Sustainable Development, held in 2002 in Johannesburg, South Africa, the Commission forwarded its agreed conclusions on environmental management and the mitigation of natural disasters. In 2003, it provided its agreed conclusions on participation in and access of women to the media, and information and communication technologies and their impact on and use as an instrument for the advancement and empowerment of women to the World Summit on the Information Society, held in Geneva.^49

Security Council Resolution 1325 The Commission has also regularly considered the issue of women in armed conflicts, thus contributing to the work that led to the adoption of Security Council Resolution 1325

(^48) DAW website: History of an Optional Protocol: http://www.un.org/womenwatch/daw/cedaw/protocol/history.htm 49 E/CN.6/2005/

on Women and Peace and Security. In its 2004 agreed conclusions, the Commission addressed women’s equal participation in conflict prevention, management and conflict resolution and in post-conflict peace-building.

Conclusion

Throughout its sixty years of existence and its fifty sessions, the Commission on the Status of Women has consistently promoted the advancement of women. It has been instrumental in expanding the recognition of women’s rights, in documenting the reality of women’s lives throughout the world, in shaping global policies on gender equality and empowerment of women and in ensuring that the work of the UN is all areas incorporates a gender perspective. It continues to play a critical role by bringing together Governments, UN entities, NGOs, and other international and regional organizations to promote women’s rights and advance gender equality.